(a) The superintendent, subject only to approval of the board,
may assign, transfer, promote, demote or suspend school personnel
and recommend their dismissal pursuant to provisions of this
chapter. However, an employee shall be notified in writing by the
superintendent on or before March 1 if he or she is being
considered for transfer or to be transferred. Only those employees
whose consideration for transfer or intended transfer is based upon
known or expected circumstances which will require the transfer of
employees shall be considered for transfer or intended for transfer
and the notification shall be limited to only those employees. Any
teacher or employee who desires to protest the proposed transfer
may request in writing a statement of the reasons for the proposed
transfer. The statement of reasons shall be delivered to the
teacher or employee within ten days of the receipt of the request.
Within ten days of the receipt of the statement of the reasons, the
teacher or employee may make written demand upon the superintendent
for a hearing on the proposed transfer before the county board.
The hearing on the proposed transfer shall be held on or before
April 15. At the hearing, the reasons for the proposed transfer
must be shown.

(b) The superintendent at a meeting of the board on or before April 15 shall furnish in writing to the board a list of teachers
and other employees to be considered for transfer and subsequent
assignment for the next ensuing school year. An employee who was
not provided notice and an opportunity for a hearing pursuant to
subsection (a) of this section may not be included on the list.
All other teachers and employees not so listed shall be considered
as reassigned to the positions or jobs held at the time of this
meeting. The list of those recommended for transfer shall be
included in the minute record of the meeting and all those so
listed shall be notified in writing, which notice shall be
delivered in writing, by certified mail, return receipt requested,
to the persons' last known addresses within ten days following the
board meeting, of their having been so recommended for transfer and
subsequent assignment and the reasons therefor.

(c) The superintendent's authority to suspend school personnel
shall be temporary only pending a hearing upon charges filed by the
superintendent with the county board and the period of suspension
may not exceed thirty days unless extended by order of the board.

(d) The provisions of this section respecting hearing upon
notice of transfer is not applicable in emergency situations where
the school building becomes damaged or destroyed through an
unforeseeable act and which act necessitates a transfer of the
school personnel because of the aforementioned condition of the
building.

(e) Notwithstanding this section or any provision of this code, when actual student enrollment in a grade level or program,
unforeseen before March 1 of the preceding school year, permits the
assignment of fewer teachers or service personnel to or within a
school under any pupil-teacher ratio, class size or caseload
standard established in section eighteen-a, article five, chapter
eighteen of this code or any policy of the state board, the
superintendent, with board approval, may reassign the surplus
personnel to another school or to another grade level or program
within the school if needed there to comply with any such
pupil-teacher ratio, class size or caseload standard.

(1) Before any reassignment may occur pursuant to this
subsection, notice shall be provided to the employee and the
employee shall be provided an opportunity to appear before the
county board to state the reasons for his or her objections, if
any, prior to the board voting on the reassignment.

(2) Except as otherwise provided in subdivision (1) of this
subsection, the reassignment may be made without following the
notice and hearing provisions of this section, and at any time
during the school year when the conditions of this subsection are
met: Provided, That the reassignment may not occur after the last
day of the second school month.

(3) A professional employee reassigned under this subsection
shall be the least senior of the surplus professional personnel who
holds certification or licensure to perform the duties at the other
school or at the grade level or program within the school.

(4) A service employee reassigned under this subsection shall
be the least senior of the surplus personnel who holds the same
classification or multiclassification needed to perform the duties
at the other school or at the grade level or program within the
same school.

(5) No school employee's annual contract term, compensation or
benefits shall be changed as a result of a reassignment under this
subsection.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.